Judgement of the Delhi High Court regarding the notification issued by the Transport Department Delhi prohibiting plying of non-transport four wheeled vehicles on alternate days on the basis of registration numbers, 11/01/2016

  • 11/01/2016

Judgement of the Delhi High Court in the matter of Shweta Kapoor & Others Vs The Govt of NCT of Delhi & Others dated 11/01/2016. The Notification dated 28.12.2015 issued by the Transport Department, Government of NCT of Delhi prohibiting plying of non-transport four wheeled vehicles in the area of National Capital Territory of Delhi on alternate days on the basis of registration numbers of the vehicles is the subject matter of this batch of writ petitions filed by way of Public Interest Litigation.

A report regarding the air quality benefits of Odd-Even vehicle rationing programme in Delhi, stated to have been prepared by the Environment Pollution (Prevention and Control) Authority for NCR, has also been handed over to us. Though it is an unsigned report, Ms.Sunita Narain, Member, Environment Pollution (Prevention and Control) Authority for NCR who is present in the Court has confirmed the contents of the said report and the statement of the officer is hereby placed on record.

It may at the outset be mentioned that the restriction on plying of vehicles imposed under the Notification dated 28.12.2015 is limited only for a period of 15 days. In the Status Report filed on 06.01.2016 by the Additional Standing Counsel (Civil) GNCTD, it is stated that it is a pilot project which is being conducted to study the effectiveness and efficacy of restricting vehicular movement in reduction of air pollution and improvement of air quality. The views on the efficacy of such government policy may differ, however, the question is whether the policy decision warrants interference by this Court in exercise of power of judicial review. The law is well settled that on matters affecting policy this Court will not interfere unless the policy is unconstitutional or contrary to statutory provisions or arbitrary or irrational or in abuse of power, since the policy decisions are taken based on expert knowledge and the Courts are normally not equipped to question the correctness of the same.

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